Cole D. Ruby
Partner
We got our lives back because of the efforts of Cole Ruby.
Cole’s Bio
Attorney Cole D. Ruby is universally recognized as one of the leading appellate attorneys in the State of Wisconsin. He focuses his practice on litigating appeals following convictions at jury trials. He has successfully litigated post-conviction issues in cases involving, for example, drug trafficking, sexual assault, possession of child pornography, arson, and homicide. On several occasions, Attorney Ruby has been able to have convictions overturned and charges dismissed completely, even after a client was convicted at jury trial while represented by other attorneys. Attorney Ruby is also an accomplished trial lawyer. Together with Andrew Martinez, he’s a two-time recipient of the Wisconsin Association of Criminal Defense Lawyers’ Hanson Award, which is presented to attorneys who’ve won a not-guilty verdict in a homicide jury trial. Both of the trials for which Attorney Ruby won the Hanson award involved counts of first-degree intentional homicide, the most serious crime under Wisconsin law.
Lawyers throughout Wisconsin frequently contact Attorney Ruby for input or advice on how to handle matters both at the trial and post-conviction levels, and Attorney Ruby has presented on both appellate and trial-level issues at both the State Public Defender’s annual conference and conferences sponsored by WACDL.
Attorney Ruby is a native of Wisconsin. He graduated from UW-Oshkosh and went to law school at the UW. He is a founding partner of Martinez & Ruby, LLP, which he started with Attorney Andrew Martinez in 2008.
Selected Victories
Appellate and post-conviction matters
- 2020 St. Croix County. Client previously convicted at jury trial of three counts of attempted homicide, three counts of reckless injury, three counts of reckless endangerment, and felon in possession of a firearm. Attorney Ruby obtained a new trial from the Court of Appeals based on the erroneous admission of expert testimony demonstrating racial bias and improperly commenting on witness credibility, as well as prosecutorial misconduct referencing that testimony in closing arguments.
- 2019 Dane County. Client previously convicted of third-degree sexual assault, false imprisonment, and battery. Attorney Ruby obtained a new trial for his client by showing that the court erroneously admitted improper character evidence and that the prosecutor committed misconduct during the first trial.
- 2019 Winnebago County. Client previously convicted of OWI-3rd, after the circuit court denied a motion to suppress an unlawful seizure. Attorneys Ruby and Meyer-O’Day convinced the Court of Appeals to reverse the conviction and grant suppression of all evidence obtained after law enforcement unlawfully entered the curtilage of the client’s home. The state ultimately dismissed the charges.
- 2018 Adams County. Client previously convicted of arson. Attorney Ruby obtained a new trial for his client after showing that prior counsel had been ineffective and that the prosecutor failed to turn over exculpatory evidence. The state chose not to retry the case, and the charges were dismissed.
- 2018 Trempealeau County. Client charged with child sexual assault. Attorney Ruby obtained a dismissal of all charges after demonstrating that the prosecutor had committed misconduct and that the state was prohibited from retrying the case on double-jeopardy grounds.
- 2017 La Crosse County. Client previously convicted of sexual exploitation of a child and possession of child pornography. Attorney Ruby obtained a new trial for his client after his investigation showed that the client was likely innocent. The state chose not to retry the case and the charges were dismissed.
- 2017 Milwaukee County. Client previously convicted of substantial battery. Attorney Ruby obtained a new trial from the Court of Appeals based on his discovery that the prosecutor failed to disclose two statements by the alleged victim proclaiming the client’s innocence. The state chose not to retry the case and the charges were dismissed.
- 2017 Dane County. Client previously convicted of second-degree sexual assault. Attorney Ruby obtained a new trial for his client because the client’s prior attorney had been ineffective. The state ultimately agreed to resolve the case as non-sexual-assault-related misdemeanors.
- 2016 Columbia County. Client charged with attempted first-degree intentional homicide, strangulation and suffocation, battery, and disorderly conduct, all as domestic abuse. Attorney Ruby obtained a complete dismissal by convincing the Court of Appeals that the charges were barred by double-jeopardy protections.
- 2016 Dane County. Client previously convicted of recklessly endangering safety. Attorney Ruby obtained a new trial because the client’s previous attorney had provided ineffective assistance.
- 2016 Vernon County. Client previously convicted of stalking. Attorney Ruby obtained a new trial based on the court’s improper admission of prejudicial evidence.
- 2016 Columbia County. Client previously convicted of child enticement. The circuit court allowed the client to withdraw his guilty plea after Attorney Ruby demonstrated that the client’s prior attorney had been ineffective.
- 2014 Dane County. Client was previously convicted of first-degree recklessly endangering safety. Attorney Ruby obtained a new trial because the client’s prior attorney had been ineffective.
Trial-level cases
- 2019 Columbia County. First-degree intentional homicide. Client acquitted after two-week jury trial.
- 2015 Juneau County. First-degree sexual assault of a child, incest, and child enticement. Client acquitted on all counts.
- 2013 Juneau County. Child abuse causing great bodily harm, causing mental harm to a child, intentional child abuse. Client acquitted of all charges.
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